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With reference to the writs issued by the Courts in India, consider the following statements:

  1. Mandamus will not lie against a private organization unless it is entrusted with a public duty.
  2. Mandamus will not lie against a Company even though it may be a Government Company.
  3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Explanation

As per the given statements, the correct answer is (c) 1 and 3 only. Here’s a detailed explanation of each statement:

  1. Mandamus will not lie against a private organization unless it is entrusted with a public duty.
    • A writ of mandamus is issued by a court to compel a government, corporation, or public authority to perform a specific act which is in the nature of a public duty. Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made against, a private individual. However, it can be issued against a private organization if it is entrusted with a public duty.
  2. Mandamus will not lie against a Company even though it may be a Government Company.
    • This statement is incorrect. A writ of mandamus can be issued against a government company if it is obligated to perform a public duty. The writ can also be issued to compel companies or corporations to carry out duties placed on them by statutes.
  3. Any public-minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
    • A writ of quo warranto is used to challenge a person’s right to hold a public or corporate office. Individual members of the public have standing as citizens and taxpayers when bringing a petition for a writ of quo warranto. The applicant must not have any malafide or ulterior motives for applying for quo warranto, and the purpose should be inclined towards acting for the benefit of public interest, not for personal gain.

Learn more

  • Writs: A writ is a formal written order issued by a judicial or executive authority that orders a person or entity to perform a specific act or to cease performing a specific action or deed. In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India. There are five types of writs in the Indian Constitution, including habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
  • Mandamus: A writ of mandamus is issued by a court to compel a government, corporation, or public authority to perform a specific act which is in the nature of a public duty. The duty sought to be enforced must be of public nature and imperative, not discretionary. It cannot be issued to compel an authority to do something against statutory provision.
  • Quo Warranto: A writ of quo warranto is used to challenge a person’s right to hold a public or corporate office. It is used to test a person’s legal right to hold an office, not to evaluate their performance in the office. The public office must be substantive in character, and the duties connected to the office must be public in nature. The applicant must not have any malafide or ulterior motives for applying for quo warranto, and the purpose should be inclined towards acting for the benefit of public interest, not for personal gain.

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